Short answer: most personal injury lawyers in Florida charge nothing up front and take a percentage of your recovery instead. The percentage is limited by the Florida Bar. For a recovery up to $1 million, a lawyer may charge 33 1/3% if the case settles before the defendant files an answer, and 40% after that point, with lower percentages on any amount above $1 million (The Florida Bar). Case costs are separate from the fee, and the way they are deducted changes what you take home.
This guide explains how the fee works, what the schedule means in dollars, and what to ask before you sign. Our personal injury attorneys offer free consultations, and this is general information, not legal advice.
How a Contingency Fee Works
- No hourly billing and no retainer. The fee comes out of your settlement or verdict.
- It must be in writing. Florida requires a contingency fee agreement to be in writing and to state the percentages at settlement, trial, and appeal, and whether expenses are deducted before or after the fee is calculated.
- If there is no recovery, you generally owe no attorney’s fee. Whether you owe case costs depends on the agreement.
- You have time to reconsider. Florida’s contingency fee rules include a short cooling-off period after you sign, so ask your lawyer how it works.
Florida’s Contingency Fee Schedule
| When the case resolves | Up to $1 million | $1 to $2 million | Over $2 million |
| Before an answer is filed | 33 1/3% | 30% | 20% |
| After an answer is filed, through judgment | 40% | 30% | 20% |
| If all defendants admit liability and only damages are tried | 33 1/3% | 20% | 15% |
These are the maximums set by Rule 4-1.5 of the Rules Regulating The Florida Bar, and the percentages apply to each slice of the recovery. A lawyer may charge an additional 5% for appeal or post-judgment work. If a lawyer and client want a fee above the schedule, the Florida Bar says they must get court approval. Medical malpractice cases follow different limits.
Fees vs. Case Costs
The lawyer’s fee is separate from the costs of pursuing your claim. Costs can include court filing fees, medical records, depositions, expert witnesses, and mediator fees. Florida does not cap costs the way it caps fees, but they must be reasonable and documented. Your agreement must say two things you should check before you sign:
- Whether costs are deducted before or after the fee is calculated.
- Whether you owe costs if there is no recovery.
What You Actually Take Home: A Worked Example
These are hypothetical figures to show how the pieces fit, not a prediction for your case. Suppose a case settles for $30,000, case costs are $1,000, and $6,000 of medical bills and liens remain to be paid after negotiation.
| Settles before an answer | Settles after an answer | |
| Settlement | $30,000 | $30,000 |
| Attorney fee | $10,000 (33 1/3%) | $12,000 (40%) |
| Case costs | $1,000 | $1,000 |
| Medical bills and liens | $6,000 | $6,000 |
| You receive | $13,000 | $11,000 |
The same settlement leaves you $2,000 less after an answer is filed, because the higher percentage applies. The order matters too: if the agreement deducts the $1,000 in costs before calculating the fee, the fee is figured on $29,000, which is about $9,667, and you receive about $13,333 in the first column.
Your lawyer’s fee does not cover your medical bills. Health insurer reimbursement, hospital liens, and Medicare or Medicaid liens are paid from the recovery, which is why they appear in the example. A good lawyer will also work to reduce them.
Wondering what a lawyer would cost for your claim? Tell us what happened, and an attorney will review your situation and explain the fee agreement for free.
Questions to Ask Before You Sign
- What percentage applies at each stage, and when does it change?
- Are costs deducted before or after the fee is calculated?
- Do I owe costs if there is no recovery?
- Who handles medical bills and liens, and do you negotiate them?
- What is the cancellation period?
- How often will I get updates, and who will work on my case?
Is Hiring a Lawyer Worth the Cost?
A lawyer’s fee comes out of your recovery, so the real question is whether representation raises what you take home. No one can promise that. A lawyer can value your claim, deal with the insurer, and avoid mistakes that cost money, but for a small, clear claim with little injury you may not need one. An honest lawyer will tell you which situation you are in. See can a lawyer increase my settlement amount for how that works.
More on Specific Fee Questions
- How much does a motorcycle accident lawyer cost?
- How much does a car accident lawyer cost if I don’t win?
- What percentage do most personal injury lawyers take?
Do Not Wait Too Long
Most Florida negligence claims must be filed within two years of the injury (Statute 95.11), so talking to a lawyer early protects your options. You can also estimate your claim with our settlement calculator or read the steps in a Florida personal injury lawsuit.
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Frequently Asked Questions
Do I pay a personal injury lawyer anything up front in Florida?
Usually not. Most personal injury lawyers work on a contingency fee, which means the fee is paid from your recovery and there is no hourly billing. Florida requires a contingency fee agreement to be in writing.
What percentage do personal injury lawyers take in Florida?
Under the Florida Bar’s schedule, a lawyer may charge 33 1/3% of a recovery up to $1 million if the case settles before an answer is filed, and 40% of a recovery up to $1 million after that point. Lower percentages apply to portions above $1 million.
Are case costs included in the lawyer’s fee?
No. Case costs, such as filing fees, medical records, and expert witnesses, are separate from the fee. Your agreement must say whether costs are deducted before or after the fee is calculated, which changes what you take home.
What if I do not win my case?
Under a contingency agreement you generally owe no attorney’s fee if there is no recovery. Whether you owe case costs depends on your agreement, so ask before you sign.
Can a lawyer charge more than the Florida Bar schedule?
Not without court approval. If a lawyer and client want a fee above the schedule, the Florida Bar says they must ask the court to approve it.
Can I negotiate my lawyer’s fee?
The schedule sets maximums, not required rates, so a firm may charge less. It is reasonable to ask how the percentage changes at each stage and how costs are handled.